M/S. S.D. LAL,SOLAPUR vs. INCOME-TAX OFFICER, WARD - 1(2), SOLAPUR

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ITA 365/PUN/2018Status: DisposedITAT Pune03 January 2019AY 2015-165 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the liability to pay the additional 2% LBT arose in the extant year when the demand was raised by the authorities. Since the amount was paid during the year under consideration, it is not disallowable under Section 43B.

What were the facts?

The assessee, a liquor dealer, paid Rs. 6,49,017/- as Local Body Tax (LBT) pertaining to an earlier year, which was recovered by authorities during the assessment year 2015-16. The assessee claimed this as a deduction, but the Assessing Officer disallowed it.

What were the issues?

Whether a prior period expense, paid in the current year due to a demand raised in the current year, is disallowable under Section 43B of the Income-tax Act.

Which sections of the Income-tax Act were involved?

Section 43B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL & SHRI VIKAS AWASTHY

For Appellant: Smt. Deepa Khare
For Respondent: Shri Rajesh Gawali

आदेश क� आदेश क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: आदेश आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत

1.

अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; आयकर आयु�(अपील) / 3. The CIT (Appeals)-7, Pune The Pr.CIT-6, Pune 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड% फाईल / Guard file. // True copy // 6.

आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार

// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

ITA No.365/PUN/2018 M/s. S.D. Lal

Date 1. Draft dictated on 09-01-2019 Sr.PS 2. Draft placed before author 09-01-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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